Privacy policy

Last updated: 1^st October 2020

MK sports Foods Australia, trading as Australian Food Corporation ABN 20 077 256 430 (MK sports Foods) is subject to the Privacy Act 1988 (Cth) (Privacy Act) which regulates how organisations may collect, use, disclose and store personal information, and how individuals may access and correct personal information held about them.

We know that you care how information about you is used and shared, and we appreciate your trust that we will do so carefully and sensibly. This Privacy Policy describes how we treat your Personal Information. By accessing and/or using our Website, or by communicating with us in any manner, you represent that you have read and consent to the terms of this Privacy Policy.

1. DEFINITIONS

In this Privacy Policy the expressions "we", "us" and "our" are a reference to MK sports Foods. The expressions "you" and "your" refer to each and every individual whose personal information we may handle from time to time.

Personal Information means information or an opinion about an identified individual or an individual who is reasonably identifiable:

a) whether the information or opinion is true or not; and

b) whether it is recorded in a material form or not.

Sensitive Information means:

a) information or an opinion about an individual’s:

(i) racial or ethnic origin; or

(ii) political opinions; or

(iii) membership of a political association; or

(iv) religious beliefs or affiliations; or

(v) philosophical beliefs; or

(vi) membership of a professional or trade association; or

(vii) membership of a trade union; or

(viii) sexual orientation or practices; or

(ix) criminal record;

that is also Personal Information; or

(b) health information about an individual; or

(d) biometric information that is to be used for the purpose of automated biometric verification or biometric identification; or

(e) biometric templates.

Website means www..au.

2. TYPES OF PERSONAL INFORMATION COLLECTED

We only collect Personal Information to the extent that this is reasonably necessary for one or more of our functions or activities.

This includes but is not limited to the following kinds of information:

(i) contact informationthat you provide to us such as your name, email address, your phone number and mailing address;

(ii) information you submit or postsuch as online job applications, or information you provide when you contact us;

(iii) demographic informationlike your age, gender, date of birth, age range, or post code.

(iv) payment informationsuch as your credit or debit card number and your billing and shipping information if you make a purchase from our Website;

(v) other information such as the browser you are using, how often you use our Website, which site you were browsing prior to clicking through to our Website, or what site you visit when you leave our Website.

3. WE MAY COLLECT INFORMATION IN DIFFERENT WAYS

Our preference is to collect Personal Information about an individual directly from that individual unless it is unreasonable or impracticable for us to do so. Information will generally be collected:

(a) directly – we collect information that you provide to us. For example, if you sign up for our emails or apply for a job online. We also collect information if you contact us online, enter a contest, complete a survey or purchase any products from the Website;

(b) indirectly – we may collect information about you via our use tracking tools like browser cookies and web beacons. For example, we may collect information about how you use this Website.

(c) through third parties – for example, our business partners or social media platforms may give us information about you; and

(d) by combining information – for example, we may combine information that we have collected offline with information we collect online. Or we may combine information we get from a third party with information we already have.

If you do not provide us with the Personal Information requested, we may not be able to offer you all of our products and services or you may not be able to access the full functionality of the Website.

4. PURPOSES OF COLLECTION

We may use and disclose your Personal Information for the primary purpose for which we collected your Personal Information, for reasonably (or directly if the Personal Information is Sensitive Information) related secondary purposes within your reasonable expectations and where required or authorised by law including, but not limited to:

(a) providing our products and services to you, and processing payments;

(b) responding to your requests or questions– for example, we may use your information to respond to customer feedback, or notify you if you win a contest;

(c) improving our products and services– we may use your information to make our website, products and experience better, or to customise your experience with us;

(d) security purposes – we may use your information to ensure quality and security, and protect our company and our customers;

(e) marketing purposes– we may use your information to provide you with information about new products, new features and special offers, or serve you ads about products and offers from MK sports Foods and/or third parties that we think you might find interesting;

(f) communicating with you– for example, we may contact you about your feedback or addressing any matters that arise in the course of our relationship;

(g) generating statistics related to our digital communications, Website, and social media to improve our services and functionality of our Website;

(h) where you are an employment candidate, assessing your suitability for employment; and

(i) circumstances otherwise permitted by law or as we may notify you from time to time.

5. HOW WE MAY SHARE YOUR INFORMATION WITH THIRD

PARTIES:

We may share your Personal Information with third parties (including our affiliates, service providers and subcontractors) for one or more of the purposes identified in section ‎4 above. Some examples of how we share Personal Information with third parties include, but are not limited to:

(a) with your consent: we may, in some circumstances, seek your consent before disclosing your Personal Informationto third parties, including subsidiaries, affiliates, and unaffiliated third parties. For example, we may obtain your consent in writing; online, through “click-through” agreements; when you accept the terms of use on our Website; orally, either in person or on the phone; or by other means;

(b) to members of our group: we may share information within the MK sports Foods family of companies from time to time;

(c) to our service providers: we may share information with certain third parties who perform services on our behalf. For example, we share information with vendors who: (i)send emails for us; (ii) help us operate this Website and our other platforms; and (iii) run a promotion or contest. If you are the winner of a sweepstakes or contest, we may also share your Personal Information in accordance with the applicable laws;

(d) to our business partners: we may share your information with our business or retail partners. For example, we might share information with third parties who co-sponsor a promotion or contest. Some of these partners may send you information about our products or services by mail or email;

(e) to comply with law: we share information if we think we have to in order to comply with the law or for similar purposes. For example, we may share information to respond to a court order or subpoena. We may also share information if a government agency or investigative body requests it, or if we are investigating potential fraud; and

(f) to a third party purchaser: we may share information with a successor to all or part of our business. For example, if part of our business is sold, we may include customer information as part of that transaction.

6. DIRECT MARKETING

(a) We will not use or disclose Personal Information for the purposes of direct marketing to you unless:

(i) you have consented to receive direct marketing materials;

(ii) you would reasonably expect us to use your personal details for this purpose; or

(iii) we believe you may be interested in the material but it is impractical for us to obtain your consent.

(b) We do not use Sensitive Information for marketing purposes.

(c) In every instance, we will ensure that our direct marketing material incorporates an option for you to elect to receive no further such communications.

(d) Please note also that even if you have requested not to receive further direct marketing communications, we may nevertheless continue to provide you with information about changes to our terms and conditions for the supply of goods or services, questionnaires and other factual information. This form of communication is not regarded as "direct marketing" under the Privacy Act.

7. STORAGE OF DATA AND OVERSEAS DISCLOSURE

(a) We, including our subcontractors, may hold electronic records of your Personal Information using cloud technology or by other electronic means, or in paper form. These means of holding Personal Information may include offshore storage

(b) We may disclose Personal Information to other parties including our related bodies corporate and service providers as permitted by the Privacy Act. These third parties may be located outside of Australia, including in the United States of America and Canada. It is not practicable for us to specify in advance the location of every service provider with whom we deal.

(c) It is possible that this may result in the transfer of Personal Information to a jurisdiction where you will not be able to seek redress under the Privacy Act and that does not have an equivalent level of data protection as Australia. We will not be accountable for how these overseas recipients handle your Personal Information. By providing your Personal Information to us, you consent to our disclosure of your Personal Information to these parties. If you have any concerns regarding the potential transfer of your Personal Information overseas please contact us.

8. OUR SECURITY MEASURES

(a) The Internet is not 100% secure. We cannot promise that your use of our Website will be completely safe, but we will take reasonable steps to protect the Personal Information which we hold from misuse or loss and from unauthorised access, modification or disclosure. We encourage you to use caution when using the Internet. This includes not sharing your passwords. We will use our best efforts to create and maintain commercially reasonable technical, organizational, and physical safeguards, consistent with applicable law, to protect your Personal Information.

(b) We only keep Personal Information as long as it is necessary or relevant for the practices described in this Privacy Policy or as otherwise required by law.

(c) MK sports Foods will comply with its obligations under the Notifiable Data Breaches Scheme in respect of eligible data breaches. To the extent we are required to notify you of a data breach, we will take all reasonable steps to make you aware of such data breach.

9. ACCESS, CORRECTION AND FURTHER INFORMATION

(a) We will take such steps as are reasonable to ensure that the Personal Information which we collect remains accurate, up to date and complete.

(b) We will provide you with access to your Personal Information held by us unless we are permitted under the Privacy Act to refuse to provide you with such access. Please contact us if you:

(i) wish to have access to the Personal Information which we hold about you;

(ii) consider that the Personal Information which we hold about you is not accurate, complete or up to date; or

(iii) require further information on our Personal Information handling practices.

(c) There is no charge for requesting access to your Personal Information but we may require you to meet our reasonable costs in actually providing you with access.

(d) If you consider that the information which we hold about you is inaccurate, out of date, incomplete, irrelevant or misleading, we will take reasonable steps, consistent with our obligations under the Privacy Act, to correct that information if you so request.

(e) We will respond to all requests for access and/or correction within a reasonable time. Please be aware that, in order to preserve the confidentiality of your Personal Information, we require proof of your identity before providing you with access to such Personal Information.

10. THIRD PARTY SITES

We may from time to time provide links to third-party websites as a service to our users. If you click on a link to a third-party site, you will be taken to a site we do not control. This Privacy Policy does not apply to the privacy practices of that site. Read the privacy policy of other sites carefully before providing them with any information. We are not responsible for these third-party sites.

11. COMPLAINTS

(a) If you have a complaint about the way in which we have handled any privacy issue, including your request for access or correction of your Personal Information, please advise us via the contact details below.

(b) We will use reasonable efforts to deal promptly with complaints and inquiries and, in any event, acknowledge your complaint or inquiry within 30 days.

(c) If you are not satisfied with how we manage your complaint, you may contact the Office of the Australian Information Commissioner.

12. CONTACT INFORMATION

Feel free to contact us if you have any questions about this Privacy Policy or want to correct or update your information, please contact us using the details below:

MK sports Foods Australia T/A Australian Food Corporation

Sue.Schultz@MK sports.com
26 Coominya Connection Rd
Coominya QLD 4311

When contacting us, please be sure to provide us with your exact e-mail address, name, address, and/or telephone number(s) in order to provide the information we need to address your request.

13. UPDATES TO THIS PRIVACY POLICY

From time to time we may update, amend or change parts of this Privacy Policy. We will notify you of any material updates, amendments or changes to this Privacy Policy to the extent required by law. We will also post an updated copy on our site. Please check our site periodically for updates.